A four-judge bench has agreed to give an open court hearing to petitions filed by gay rights activists challenging the high court’s verdict upholding the validity of Section 377 (unnatural sexual offenses) of the Indian Penal Code which makes gay sex an offense punishable by up to 10 years in prison.

The curative petition is the last judicial resort available for redressal of grievances in court, and is typically decided by Judges in chamber without giving parties the opportunity to address the court. In rare cases, such petitions are given an open court hearing.

The ruling dealt a blow to gay activists who have fought for years for the chance to live openly in India’s deeply conservative society, and has drawn sharp criticism from human rights advocates worldwide.

The law, dating back to the 1860s, when Britain ruled over South Asia, states that “whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal” can be punished by up to 10 years in prison.